alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-40290 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus CHRISTOPHER DARNELL STEPHNEY, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. G-98-CR-19-1

-------------------- October 20, 1999 Before JONES, WIENER, and STEWART, Circuit Judges. PER CURIAM: * Christopher Darnell Stephney appeals his sentence following his conviction for being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1). Stephney argues that he should not have been sentenced under the guideline applicable to aggravated assault. Guidelines § 2K2.1 prescribes the penalties for violations of 18 U.S.C. § 922(g)(1). That guideline directs that, if the defendant used or possessed the firearm inNo. 99-40290 -2- connection with the commission or attempted commission of another

offense, the guideline applicable to that other offense is to be used. U.S.S.G. § 2K2.1(c)(1)(A). The probation officer recommended and the district court adopted the use of § 2A2.2, which is captioned, "Aggravated Assault." The application note to § 2A2.2 defines aggravated assault as "a felonious assault that involved (A) a dangerous weapon with intent to do bodily harm ( i.e. , not merely to frighten)...." U.S.S.G. § 2A2.2, comment. (n.1). This court has found that the aggravated assault of § 2A2.2 is "akin to the federal offense of assault with a dangerous weapon with intent to do bodily harm." United States
v. Perez , 897 F.2d 751, 753 (5th Cir. 1990). The actor must be judged not by his undisclosed purpose to frighten, but from his visible conduct and "what one in the position of the victim might reasonably conclude." Id
. The facts in the presentence report (PSR) adopted by the district court are that Stephney put five shots through the front door of the residence of an individual that he had been in a physical altercation earlier in the day and had threatened to shoot because that individual was homosexual. See United States v. Lowder , 148 F.3d 548, 552 (5th Cir. 1998); United States v. Puig-Infante , 19 F.3d 929, 943 (5th Cir. 1994). Stephney offered no evidence at the sentencing hearing to rebut the findings in the PSR. A victim would be reasonable in concluding that someone, who had threatened to shoot him earlier in the day and who then put five shots into his front door, intended to do himNo. 99-40290 -3- bodily harm. The determination that Stephney committed an aggravated assault is not clearly erroneous.
AFFIRMED.
Exhibit 3 2.2    CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002   Pursuant to 18 U.S.C. Section 1350 (as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002), I, the undersigned Chief Financial Officer of America West Resources, Inc. (the Company),  hereby certify that to the best of my knowledge, the Annual Report on Form 10-K of the Company for the twelve months ended December 31, 2010 (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and result s of operations of the Company.   A signed original of this written statement required by Section 906 has been provided to the registrant and will be retained by it and furnished to the Securities and Exchange Commission or its staff upon request.    Date:  April 15, 2011By:/s/ Brian E. RodriguezBrian E. RodriguezChief Financial Officer and Principal Accounting Officer
#### THE PEOPLE OF THE STATE OF NEW YORK ex rel. EDWIN V. KIRTLAND. Respondent, *v.*PATRICK DILLON, Appellant.

*Power of the eowrt to set aside a struck jury, and order a new jury to be struck.*

Where a struck jury has been ordered and irregularities have occurred in the striking thereof, the court may order the jury to be set aside and discharged, and a new jury to be struck.

Appeal by tbe defendant from an order of the Special Term, setting aside and discharging a struck jury and directing the clerk to strike a new one.

*Henry*Smith, for the appellant.

*Hale Kingsley*and *Matthew*Hale, for the respondent.

Learned, P. J.:

The court had ordered a struck jury. Afterwai’ds, for irregularities in the striking of the jury, the court ordered that jury to be set aside and discharged, and a new jury to be struck. The *2defendant appeals, and insists that the court had no power to make such an order. I see no reason why the court might not set aside an order which it had made. The cases cited by the appellant, *Rex*v. *Perry*(5 Durn. & East. 453), *Holt v. Meddowcroft*(4 M. *&*S., 467), *Montague*v. *Smith*(21 Law J. Rep. [N. S.], Queen’s Bench, 73) are not in conflict with this view. The last two only hold that, while the struck jury stands, the case cannot be tried by a common jury. The first held that, when the case went off for default of the attendance of jurors, a new jury should not be struck ; but this does not touch the right of the court, on proper cause shown, to set aside the former order, and to grant another of a like character.

In the case of the *Attorney-General*v. *Goodman*(8 Price, 220), a struck jury failed to appear, and a new jury was ordered. The case of *Rex*v. *Perry (ut*supra) was cited in opposition to the order ; but it could not have been held to prevent the court from ordering a new struck jury, in a proper case.

In the present case there seems to have been some irregularity in the manner of preparing the list, from which the names are to be struck. It would be strange if the court could not set aside the former order, and afford an opportunity for a more strict compliance with the statute.

The order should be affirmed, with ten dollars costs and printing disbursements.

Present — Learned, P. J., Boardman and Bocees, JJ.

Order affirmed, with ten dollars costs and printing disbursements.
Editorial Note on Part 622
Editorial Note: Nomenclature changes to part 622 appear at 79 FR 57837, Sept. 26, 2014 and at 81 FR 32253, May 23, 2016.

§ 622.372 Limited access system for king mackerel gillnet permits applicable in the Gulf southern zone. ( a ) Except for applications for renewals of king mackerel gillnet permits, no applications for king mackerel gillnet permits will be accepted. Application forms for permit renewal are available from the RA.
( b ) An owner of a vessel with a king mackerel gillnet permit issued under this limited access system may transfer that permit upon a change of ownership of a permitted vessel with such permit from one to another of the following: Husband, wife, son, daughter, brother, sister, mother, or father. Such permit also may be transferred to another vessel owned by the same entity.
( c ) A king mackerel gillnet permit that is not renewed or that is revoked will not be reissued. A permit is considered to be not renewed when an application for renewal is not received by the RA within one year after the expiration date of the permit.
( d ) *Renewal criteria for a king mackerel gillnet permit.* A king mackerel gillnet permit may be renewed only if NMFS determines at least 1 year of landings from 2006 to 2015 associated with that permit was greater than 1 lb (0.45 kg), round or gutted weight. ( 1 ) *Initial determination.* On or about December 24, 2015, the RA will mail each king mackerel gillnet permittee a letter via certified mail, return receipt requested, to the permittee's address of record as listed in NMFS' permit files, advising the permittee whether the permit is eligible for renewal. A permittee who does not receive a letter from the RA, must contact the RA no later than December 31, 2015, to clarify the renewal status of the permit. A permittee who is advised that the permit is not renewable based on the RA's determination of eligibility and who disagrees with that determination may appeal that determination.
( 2 ) *Procedure for appealing landings information.* The only item subject to appeal is the landings used to determine whether the permit is eligible for renewal. Appeals based on hardship factors will not be considered. Any appeal under this regulation will be processed by the NMFS National Appeals Office. Appeals will be governed by the regulations and policy of the National Appeals Office at 15 CFR part 906. Appeals must be submitted to the National Appeals Office no later than 90 days after the date the initial determination in issued. Determinations of appeals regarding landings data for 2006 to 2015 will be based on NMFS' logbook records, submitted on or before February 16, 2016. If NMFS' logbooks are not available, state landings records or data for 2006 to 2015 that were submitted in compliance with applicable Federal and state regulations on or before February 16, 2016, may be used.
[78 FR 22952, Apr. 17, 2013, as amended at 80 FR 78674, Dec. 17, 2015; 80 FR 80686, Dec. 28, 2015]
§ 270.21 Petition of objection. ( a ) *Filing a petition.* Any person issued a notice of assessment under § 270.19 may request that NMFS modify or take other appropriate action regarding the assessment or promotion plan by filing a written petition of objection with NMFS. Petitions of objection may be filed: ( 1 ) Only if the petitioner determines one or more of the following criteria is not in accordance with the law: ( i ) The assessment;
( ii ) The plan upon which the assessment is based; or
( iii ) Any obligation imposed on the petitioner under the plan.
( 2 ) Only during the time period to which the assessment applies.
( b ) *Contents of the petition of objection.* A petition must be addressed to Assistant Administrator for Fisheries, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910, and must contain the following: ( 1 ) The petitioner's correct name, address, and principal place of business. If the petitioner is a corporation, this must be stated, together with the date and state of incorporation, and the names, addresses, and respective positions of its officers; if a partnership, the date and place of formation and the name and address of each partner;
( 2 ) The grounds upon which the petition of objection is based, including the specific terms or provisions of the assessment, the marketing and promotion plan, or obligation imposed by the plan, to which the petitioner objects;
( 3 ) A full statement of the facts upon which the petition is based, set forth clearly and concisely, accompanied by any supporting documentation;
( 4 ) The specific relief requested; and
( 5 ) A statement as to whether or not the petitioner requests a hearing.
( c ) *Notice to Council.* NMFS will promptly furnish the appropriate Council with a copy of the petition of objection.
( d ) *Opportunity for informal hearing.* ( 1 ) Any person filing a petition of objection may request an informal hearing on the petition. The hearing request must be submitted with the petition of objection.
( 2 ) If a request for hearing is timely filed, or if NMFS determines that a hearing is advisable, NMFS will so notify the petitioner and the Council. NMFS will establish the applicable procedures, and designate who will be responsible for conducting a hearing. The petitioner, the Council, and any other interested party, may appear at the hearing in person or through a representative, and may submit any relevant materials, data, comments, arguments, or exhibits. NMFS may consolidate two or more hearing requests into a single proceeding.
( 3 ) *Final decision.* Following the hearing, or if no hearing is held, as soon as practicable, NMFS will decide the matter and serve written notice of the decision on the petitioner and the Council. NMFS's decision will be based on a consideration of all relevant documentation and other evidence submitted, and will constitute the final administrative decision and order of the agency. NMFS will have the discretion to waive collection of a contested assessment or revise, modify, or alter the assessment amount based on a Council method of assessment.
EXHIBIT 21.1
 SUBSIDIARIES OF ION GEOPHYSICAL CORPORATION
 Subsidiary
    
    JurisdictionARAM Systems Corporation
    
    CanadaARAM Systems Inc.
    
    TexasARAM Systems Middle East FZE
    
    DubaiConcept Systems Holdings Limited
    
    ScotlandConcept Systems Limited
    
    ScotlandGMG/AXIS, Inc.
    
    DelawareGX Technology Canada, Ltd.
    
    CanadaGX Technology Corporation
    
    TexasGX Technology de Venezuela C.A.
    
    VenezuelaGX Technology EAME. Limited.
    
    UKGX Technology Sismica Brasil Ltda.
    
    BrazilGX Technology Trinidad, Ltd.
    
    West IndiesI/O Cayman Islands, Ltd.
    
    Cayman IslandsI/O International Holdings, Ltd.
    
    Cayman IslandsI/O International, Ltd.
    
    Cayman IslandsI/O Luxembourg S.à r.l.
    
    LuxembourgI/O Marine Systems Limited
    
    UKI/O Marine Systems, Inc.
    
    LouisianaI/O Nevada, LLC
    
    DelawareI/O Texas, LP
    
    DelawareI/O U.K. Holdings Limited
    
    ScotlandI/O U.K., LTD.
    
    UKInco Industrial Components s-Gravenhage B.V.
    
    NetherlandsInput/Output Canada, Ltd.
    
    CanadaInput/Output Services CIS, LLC
    
    RussiaION Canada Holdings ULC
    
    CanadaION China Holdings, Limited
    
    Hong KongION Exploration Holdings S.à r.l.
    
    LuxembourgION Exploration Products (U.S.A.), Inc.
    
    DelawareION International Holdings L.P.
    
    BermudaION International S.à r.l.
    
    LuxembourgION International Sales Limited
    
    CyprusIPOP Management, Inc.
    
    DelawareSensor Nederland B.V.
    
    NetherlandsTexas Seismic Rentals Inc.
    
    Texas
#### § 401.13 Personnel.

The Cooperator shall maintain an adequate and competent force of employees to initiate and carry approved work to satisfactory completion.
I

103D CONGRESS

1ST SESSION H. R. 552

To amend the Soldiers’ and Sailors’ Civil Relief Act of 1940 to provide

certain protections under that Act for members of the Armed Forces

on active duty who have entered into housing leases and are unexpectedly

deployed or reassigned to new duty assignments requiring relocation.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 21, 1993

Mr. UPTON introduced the following bill; which was referred to the Committee

on Veterans’ Affairs

A BILL

To amend the Soldiers’ and Sailors’ Civil Relief Act of 1940

to provide certain protections under that Act for members of the Armed Forces on active duty who have entered into housing leases and are unexpectedly deployed

or reassigned to new duty assignments requiring relocation.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 552 IH

1 SECTION 1. RELIEF FROM LEASES FOR SERVICEMEMBERS

2 GIVEN UNANTICIPATED NEW ORDERS.

3 (a) RELIEF.—Section 304 of the Soldiers’ and Sail4 ors’ Civil Relief Act of 1940 (50 U.S.C. App. 534) is

5 amended—

6 (1) in subsection (1)(a), by inserting after

7 ‘‘military service’’ the following: ‘‘or who, while in

8 military service, executed such lease and subse9 quently was given unanticipated military orders re10 quiring such person to relocate before the termi11 nation of such lease’’;

12 (2) in subsection (2), by striking out the period

13 at the end of the first sentence and inserting in lieu

14 thereof the following: ‘‘or the date of the unantici15 pated military orders, as the case may be.’’; and

16 (3) by adding at the end the following:

17 ‘‘(4) For purposes of subsection (1), unanticipated

18 military orders are orders which were not anticipated at

19 the time a lease was executed.’’.

20 (b) EFFECTIVE DATE.—The amendments made by

21 subsection (a) shall apply to notices to terminate leases

22 delivered in accordance with subsection (2) of section 304

23 of the Soldiers’ and Sailors’ Civil Relief Act of 1940, as

24 amended by subsection (a), after the date of the enact25 ment of this Act.

Æ
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         148,550
<SECURITIES>                                        50
<RECEIVABLES>                                  305,383
<ALLOWANCES>                                    15,213
<INVENTORY>                                     26,147
<CURRENT-ASSETS>                               487,560
<PP&E>                                         908,394
<DEPRECIATION>                                 402,492
<TOTAL-ASSETS>                               3,189,088
<CURRENT-LIABILITIES>                          919,971
<BONDS>                                        710,548
<PREFERRED-MANDATORY>                          800,683
<PREFERRED>                                          0
<COMMON>                                           846
<OTHER-SE>                                     557,889
<TOTAL-LIABILITY-AND-EQUITY>                 3,189,088
<SALES>                                      1,862,714
<TOTAL-REVENUES>                             1,862,714
<CGS>                                                0
<TOTAL-COSTS>                                1,734,881
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              98,875
<INCOME-PRETAX>                                111,834
<INCOME-TAX>                                    44,883
<INCOME-CONTINUING>                             33,813
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  2,150
<CHANGES>                                            0
<NET-INCOME>                                    31,663
<EPS-PRIMARY>                                      .37
<EPS-DILUTED>                                      .37


</TABLE>
§ 219.38 Renewals and modifications of Letters of Authorization. ( a ) A LOA issued under §§ 216.106 of this chapter and 219.37 for the activity identified in § 219.31(a) must be renewed or modified upon request by the applicant, provided that: ( 1 ) The proposed specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for these regulations (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and
( 2 ) OPR determines that the mitigation, monitoring, and reporting measures required by the previous LOA under these regulations were implemented.
( b ) For an LOA modification or renewal requests by the applicant that include changes to the activity or the mitigation, monitoring, or reporting (excluding changes made pursuant to the adaptive management provision in in paragraph (c)(1) of this section) that do not change the findings made for the regulations or result in no more than a minor change in the total estimated number of takes (or distribution by species or years), OPR may publish a notice of proposed LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA.
( c ) An LOA issued under §§ 216.106 of this chapter and 219.37 for the activity identified in § 219.31(a) may be modified by OPR under the following circumstances: ( 1 ) OPR may modify (including augment) the existing mitigation, monitoring, or reporting measures (after consulting with NEFSC regarding the practicability of the modifications) if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring set forth in the preamble for these regulations. ( i ) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA: ( A ) Results from NEFSC's monitoring from the previous year(s);
( B ) Results from other marine mammal and/or sound research or studies; and
( C ) Any information that reveals marine mammals may have been taken in a manner, extent or number not authorized by these regulations or subsequent LOAs.
( ii ) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, OPR will publish a notice of proposed LOA in the Federal Register and solicit public comment.
( 2 ) If OPR determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals specified in § 219.32(b), a LOA may be modified without prior notice or opportunity for public comment. Notification would be published in the Federal Register within 30 days of the action.
I

103D CONGRESS

2D SESSION H. R. 5297

To deny visas to aliens involved with the foreign expropriation of property

of United States persons.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 29, 1994

Mr. DIAZ-BALART introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To deny visas to aliens involved with the foreign

expropriation of property of United States persons.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DENIAL OF VISAS TO ALIENS INVOLVED WITH

4 THE FOREIGN EXPROPRIATION OF PROP5 ERTY OF UNITED STATES PERSONS.

6 The Secretary of State shall deny a visa to any alien

7 who is a corporate officer, principal, or shareholder of an

8 entity which the Secretary of State determines or is in9 formed by competent authority has been involved in the

10 confiscation, purchase, receipt, or subsequent unauthor-
2

•HR 5297 IH

1 ized use or benefit from property of any United States

2 person which has been expropriated in a foreign country.

Æ
EXHIBIT
32





AURASOURCE,
INC.





CERTIFICATION


PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


(SUBSECTIONS
(a) AND (b) OF SECTION 1350, CHAPTER 63 OF TITLE 18,


UNITED
STATES CODE)





Pursuant
to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b)
of section 1350, chapter 63 of Title 18, United States Code), the
undersigned officer of AuraSource, Inc. (the “Company”), does hereby certify
with respect to the Quarterly Report of the Company on Form 10-Q for the period
ended December 31, 2009 as filed with the Securities and Exchange Commission on
the date hereof (the “Report”), to the best of the undersigned’s knowledge
that:





(1) The
Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of  1934; and





(2) The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.








February
      15, 2009/s/
      PHILIP LIUChief
      Executive OfficerFebruary
      15, 2009/s/
      ERIC STOPPENHAGENChief
      Financial Officer
#### § 665.145 At-sea observer coverage.

All fishing vessels subject to §§ 665.140 through 665.145 and subpart A of this part must carry an observer when requested to do so by the Regional Administrator.